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Parallel Imports in the Pharmaceutical Sector: Must India be More Liberal?http://nopr.niscair.res.in/handle/123456789/269
Title: Parallel Imports in the Pharmaceutical Sector: Must India be More Liberal?
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<br/>Authors: Sengupta, Arghya
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<br/>Abstract: A contemporary debate in India’s legal and policy circles has centred around the desirability of liberalizing the parallel imports regime in the country. The primary impetus for such a move has been the amendment to Section 107A(b) to the Patents Act in 2005 which allows easier import of products into India which are already under patent protection. This article, focusing specifically on the pharmaceutical sector argues against the all-pervasiveness of such a move in the Indian context. To set the foundation for this argument, the article examines the leading judicial decisions in this regard in the USA and the EU in order to understand the divergent discourses, which exist supporting and opposing freeing of parallel imports. On the basis of these decisions and their applicability to the Indian context, this article proposes a nuanced policy recommendation harmonizing the financial interests of intellectual property owners with those of securing easier availability of key products.
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<br/>Page(s): 400-409Plant Variety Protection and Food Security: Lessons for Developing Countrieshttp://nopr.niscair.res.in/handle/123456789/268
Title: Plant Variety Protection and Food Security: Lessons for Developing Countries
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<br/>Authors: Singh, Harbir
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<br/>Abstract: One of the requirements of TRIPS Article 27.3(b) is that plant varieties should be protected either by patents or by an effective sui generis system or some combination thereof. The moot question is how plant variety protection could help ensure food security in developing countries? Research evidences from developed countries indicate differential impacts of plant breeders’ rights across crops. Increasing role of private sector in plant breeding was accompanied by appropriation strategies, and high level of market consolidation in seed industry resulted in higher seed prices. Though, rate of varietal release was increased but new varieties had a shorter life span. In case of developing countries, plant breeders’ rights facilitated access to improved foreign variety, in certain cases, but this contributed little to food security. Therefore, developing countries need to learn from such experiences and structure their PVP legislations in such a way which ensures food security and sustainable use of biodiversity. This could be achieved by strengthening public R&D support to agricultural research, maintaining crop genetic diversity, and developing localized seed production and delivery systems through efficient institutional mechanisms. This would go a long way towards conservation and sustainable utilization of plant genetic resources and ensuring food security at local, regional and national level. This paper contributes towards informed policy decisions to deal effectively with the possible implications of Plant Variety Protection (PVP) legislations on agriculture, particularly, on food security. At this juncture, it is difficult to quantify the magnitude of long-term impacts of PVP legislations because of lack of clear empirical evidences particularly from developing countries. However, lessons may be learnt from the working of PVP legislations in developed countries as well as from emerging evidences in developing countries. The paper draws from earlier findings to synthesize the plant variety protection implications for developing countries with particular reference to India, and outline suitable policy options.
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<br/>Page(s): 391-399IP Case Law Developmentshttp://nopr.niscair.res.in/handle/123456789/259
Title: IP Case Law Developments
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<br/>Authors: Thomas, Zakir
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<br/>Abstract: This article attempts to summarize some of the recently reported cases on intellectual property law to enable the readers understand how the courts have applied principles of the law to actual IP disputes. The cases are chosen from the cases reported in ‘The Patents and Trade Marks Cases’, a leading case law reporter on intellectual property laws. In this article, the cases reported in the months of February and March 2007, are covered.
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<br/>Page(s): 428-433Protection of Databases in India: Copyright Termination Sui Generis Conceptionhttp://nopr.niscair.res.in/handle/123456789/258
Title: Protection of Databases in India: Copyright Termination Sui Generis Conception
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<br/>Authors: Gupta, Apar
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<br/>Abstract: Historically, databases are protected under copyright laws. India, which has been a major beneficiary of electronic commerce, provides copyright protections to databases. The adequacy of these protections is analysed in this paper, which considers the developments in digital, which make most of the database manufacturers susceptible to free-rider competition. The paper aims to demonstrate that adoption of the Feist doctrine by the Indian courts leads to inequitable results. The solution which the paper advocates is the adoption of a sui generis legislation which clearly prescribes the property rights and limitations, to database creators in India.
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<br/>Page(s): 422-427